Legal Opinion

Carlucci & Legum v. Murray (In Re Murray)

District Court, E.D. New York

Decided June 12, 2000No. 0:99-cv-05245PublishedCited by 81 opinions

1Opinion of the Court

MEMORANDUM & ORDER

AMON, District Judge.

Introduction

This bankruptcy appeal arises out of an adversary proceeding instituted against the debtor Thomas Murray by one of his creditors, Carlucci & Legum (“C & L”), the law firm that represented Murray in his divorce proceedings. C & L sought to prevent Murray’s discharge under several subsections of 11 U.S.C. § 727. After a trial, the bankruptcy court found for the debtor, and C & L appealed to this Court. For the reasons discussed below, the decision of the bankruptcy court is reversed.

Background

A. Factual Background

The debtor, Thomas Murray,…

2Cases cited35 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Field v. MansSupreme Court of the United States · 1995
  4. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  5. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993

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3Cited by81 opinions

  1. Pereira v. Gardner (In Re Gardner)United States Bankruptcy Court, S.D. New York · 2008
  2. McLain v. Newhouse Ex Rel. Bankruptcy Estate of McLainCourt of Appeals for the Fifth Circuit · 2008
  3. In Re ColvinUnited States Bankruptcy Court, E.D. Michigan · 2003
  4. Moreo v. Rossi (In Re Moreo)District Court, E.D. New York · 2010
  5. Scheidelman v. Henderson (In Re Henderson)United States Bankruptcy Court, N.D. New York · 2010

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